성폭력범죄의 구속기준

Abstract

Citizens did not understand the reason of rejection of detention warrant in sexual offense. And victim was brutally murdered by the suspect released after rejection of detention warrant. The problem of these cases is that there is no common standard of detention in korean society. To solve this problem, prosecutors and courts should share unified detention standard. Detention elements should be selected to be quantified. Individual detention elements should be listed and scores be given to each element. How to list individual detention elements is the way that the grounds for examining the reason of detention can be inferred from the detention elements displayed in detention warrant. But, this way is not different from the current system that detention elements are just resources to determine the reason of detention and left entirely to the judge whether to determine. Therefore, the way to give a score to each detention element is better than the way to list individual detention elements simply. In the way to give a score to each detention element, there are to give the same score to each and to give different scores. The former is the way that gives the same score to individual detention element and determines whether to be put in detention or not when their score is more than a certain score. But, because the importance of individual detention elements is different in determining the reason of detention, it is necessary to explain that the individual detention elements be evaluated by the same score. Thus, it is reasonable that the superiority among the individual detention elements be admitted and different scores be given to them. Of course, we should solve the problem that the superiority should be discriminated among the individual detention elements.